Bongoza and Others v Adcorp Blu A Divion of Fulfilment & Services (Pty) Ltd and Others (D60/2020) [2024] ZALCD 41 (4 November 2024)
Court
Labour Court Durban
Case number
D60/2020
Judge
K Allen-Yaman
The Labour Court held that the retrenchments were substantively fair because National Brands proved operational need, and the applicants’ deemed-employment argument failed.
Chemical,Energy,Paper,Printing,Wood, and Allied Workers Union and Others v Mashanda N.O and Others (J 2896 / 2018) [2022] ZALCJHB 350; (2023) 44 ILJ 520 (LC) (7 December 2022)
Court
Labour Court Johannesburg
Case number
J 2896 / 2018
Judge
S Snyman
The Labour Court held that individual union members have locus standi to bring disputes regarding non-compliance with the union constitution under section 158(1)(e) of the LRA. However, only the Registrar or the union itself may apply for the appointment or removal of an administrator under section 103A; individual members may only make representations for consideration. The Court found that it lacks jurisdiction to grant reinstatement for alleged unlawful dismissals, and that unfair dismissal claims must follow the prescribed dispute resolution processes under the LRA, absent exceptional cir…
Piet Wes Civils CC and Another v Association of Mineworkers and Construction Union (AMCU) and Others (JA37/2017) [2018] ZALAC 18; [2018] 12 BLLR 1164 (LAC); (2019) 40 ILJ 130 (LAC) (10 March 2018)
Court
Labour Appeal Court
Case number
JA37/2017
Judges
Phatshoane, Musi, Savage
The Labour Appeal Court held that the employees’ contracts were indefinite, not valid fixed-term contracts, and upheld reinstatement pending fair consultation.
Selvan v Crossroads Distribution (Pty) Ltd (JS182/17) [2017] ZALCJHB 406 (3 November 2017)
Court
Labour Court Johannesburg
Case number
JS182/17
Judge
Cele
The court found that while the applicant's explanation for the delay was not optimal and subject to criticism, it was not so deficient as to warrant refusal of condonation. The applicant was actively involved in pursuing his claim, albeit misdirected by the union and delayed by counsel's availability. The delay was substantial, but the applicant demonstrated ongoing engagement with the process. The court held that procedural fairness was not available as a standalone ground due to the facilitated retrenchment under section 189A, but substantive fairness remained in dispute. There was a live i…
Ndaba and Others v T - Systems (Pty) Ltd and Others (JS788/2012) [2015] ZALCJHB 346; [2016] 1 BLLR 60 (LC) (7 October 2015)
Court
Labour Court Johannesburg
Case number
JS788/2012
Judge
Tlhotlhalemaje
The Labour Court lacks jurisdiction to adjudicate claims of procedural unfairness in retrenchments under section 189A unless brought by way of an application under section 189A(13) within the prescribed period. The applicants' claim that their dismissals were unlawful, invalid, or void due to premature notice of termination is not sustainable in law. The notice of termination was issued in accordance with the statutory requirements, and recent case law confirms that non-compliance with section 189A does not result in invalidity of dismissals. The preliminary points raised by the respondents a…
Coetzee and Another v Nampak Liquid Bloemfontein (JS902/2014) [2015] ZALCJHB 182 (26 May 2015)
Court
Labour Court Johannesburg
Case number
JS902/2014
Judge
Lallie
The court found that while the delay in filing the statement of case was substantial, the applicants' explanation was inadequate and largely attributable to their attorney's failure to act expeditiously. However, the applicants demonstrated fair prospects of success in their main claim, as they could succeed if they proved the respondent failed to comply with section 189A of the LRA. The prejudice to the applicants if condonation were refused would be greater than the prejudice to the respondent, as the applicants would be non-suited and unable to have their case heard. The interests of justi…
